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(영문) 수원지방법원 평택지원 2015.04.16 2015고단341
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 5, 2015, the Defendant, as a ship of Chinese nationality, worked for the “stock company D” located in Ansan-si C, and was living together with the victim G (25 years old) in the F building C, the dormitory of the said company E in Ansan-si.

On March 9, 2015, at around 03:00, the Defendant shouldered the victim who was locked by leaving mathic disease on the floor of his room in the above 306, and took 10 times the head of the victim's hair (13cm in length on a day) on the ground that the victim appeared to have a chronic attitude of the victim on the ground that he did not have a chronic attitude, and the Defendant was able to take the head of the victim's hair with his left hand, and was able to take about 10 times the head of the victim's hair (13cm in length on a day).

The defendant, out of the above dormitory, found the victim's escape to have been reported to the police, and caused the victim to drive away from the police.

As a result, the Defendant inflicted bodily injury on the victim such as two open tops, open tops of fingers, and open tops of fingers, which require approximately 15 days of medical treatment, using tops, which are dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. A criminal investigation report;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The scope of recommendations for sentencing guidelines for sentencing under Article 62-2 of the Criminal Act of probation and community service order: Consideration of all circumstances, including the fact that no criminal records existed in the Republic of Korea in the mitigation area (one year and six months to two years), and the fact that the victim has agreed with the victim after the closing of argument;

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